Motif Const. Corp. v. Buffalo Sav. Bank

Citation50 A.D.2d 718,374 N.Y.S.2d 868
PartiesMOTIF CONSTRUCTION CORPORATION, Respondent, v. BUFFALO SAVINGS BANK, Appellant.
Decision Date06 November 1975
CourtNew York Supreme Court Appellate Division

Little & Burt, John H. Little, Buffalo, for appellant.

Brock, Brock & Zisser, Alfred M. Zisser, Buffalo, for respondent.

Before MOULE, J.P., and CARDAMONE, SIMONS, MAHONEY and WITMER, JJ.

MEMORANDUM:

In causes of action one through four of its amended complaint plaintiff alleges that defendant agreed to grant building loans to it for its contracts to construct four separate structures and that after plaintiff began to work on such contracts defendant unlawfully, willfully and tortiously breached its agreements, causing loss of profits to plaintiff in specified amounts on each of the four contracts. In its answer defendant admits such allegations, and they are not in issue on this appeal.

In the fifth cause of action plaintiff repeats the prior allegations of the amended complaint and avers that at the time of defendant's breach plaintiff had under construction four other structures, that by reason of defendant's breach plaintiff was unable to complete them and suffered a loss of $64,911.76. In the sixth cause of action plaintiff alleges the foregoing and avers that during the course of the four contracts above mentioned it had made commitments with respect to other construction projects and that as the result of defendant's said breach, plaintiff was unable to pay the same and suffered loss of profit thereon in the sum of $34,800. In the eighth cause of action plaintiff realleges the foregoing and avers that by virtue of defendant's open and wrongful breach of contract in cancelling its commitments to plaintiff to make the building loans as alleged in the first four causes of action, the cancellation became a matter of public knowledge in the industry, so that plaintiff's reputation was seriously damaged and it was caused to become insolvent, to its damage in the sum of $500,000.

Defendant's motion for summary judgment of dismissal of causes of action numbers fifth, sixth and eighth was denied on the ground that questions of fact are presented.

The question of damages for breach of contract, presented in the first four causes of action of the amended complaint, is not raised on this appeal, defendant having conceded on those causes of action. Causes of action fifth, sixth and eighth do not purport to allege damages as such flowing from the breaches of the four contracts in the first four causes of action, for such damages would be recoverable in those respect causes of action. Moreover, plaintiff may recover as damages for the breaches of contract only such as 'would naturally arise from the breach itself, or those that might reasonably be supposed to have been contemplated by the parties when the contract was...

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15 cases
  • Bernstein v. Crazy Eddie, Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • December 30, 1988
    ...be supposed to have been contemplated by the parties when the contract was made.'" Motif Construction Corp. v. Buffalo Savings Bank, 50 A.D.2d 718, 719, 374 N.Y.S.2d 868, 870 (4th Dep't 1975) (quoting Orester v. Dayton Rubber Mfg. Co., 228 N.Y. 134, 137, 126 N.E. 510 (1920)); see Deutsch v.......
  • Kenford Co., Inc. v. Erie County
    • United States
    • New York Supreme Court — Appellate Division
    • April 12, 1985
    ...(Fifty States Mgt. Corp. v. Niagara Permanent Sav. & Loan Assn., 58 A.D.2d 177, 396 N.Y.S.2d 925; Motif Constr. Corp. v. Buffalo Sav. Bank, 50 A.D.2d 718, 719, 374 N.Y.S.2d 868). Application of these rules to the instant case leads to the inescapable conclusion that the trial court properly......
  • GREYSTONE v. Koninklijke Luchtvaart Maatschappij
    • United States
    • U.S. District Court — Southern District of New York
    • March 18, 1993
    ...so long as the defendant's purpose is to engage in a profitable business enterprise. Motif Constr. Corp. v. Buffalo Savings Bank, 50 A.D.2d 718, 719, 374 N.Y.S.2d 868, 870 (4th Dept.1975). Finally, KLM relies on dicta of the New York Court of Appeals which warns that prima facie tort should......
  • Sassower v. Finnerty, 1
    • United States
    • New York Supreme Court — Appellate Division
    • July 25, 1983
    ...(Morrison v. National Broadcasting Co., 19 N.Y.2d 453, 458, 280 N.Y.S.2d 641, 227 N.E.2d 572; Motif Constr. Corp. v. Buffalo Sav. Bank, 50 A.D.2d 718, 719, 374 N.Y.S.2d 868). The third cause of action, insofar as it pertains to the respondents in Action No. 3, seeks reimbursement for the am......
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